Short-Term Disability in Louisiana: Eligibility & Forms

Louisiana does not offer short-term disability insurance for non-work accidents and illnesses, unlike some other states.

You need to buy a policy from a private insurer before you get sick, injured, or pregnant to file a claim.

Applying for other government programs might help if you did not buy a private policy in time.

Government benefits can lower daily household costs, helping you manage without an income.

Social Security Disability Insurance can replace some of your income if you cannot work for over a year. Worker’s Compensation provides temporary disability benefits for occupational injuries and sicknesses.

Private Short-Term Disability

Louisiana does not require employers to offer short-term disability insurance. The state also does not provide a program. Employees must buy a policy from a private insurance company.

This insurance covers off-the-job accidents and illnesses that cause work disruptions from one to fifty-two weeks.

Expense Benefits

Many people wrongly think that Louisiana requires short-term disability coverage for workers. It does not, and you cannot buy a policy after you get sick or hurt.

You may qualify for other government help when you are not working because they look at your income and household size. Find ways to cut costs to make your emergency fund last longer.

Pregnancy Benefits

Louisiana maternity leave laws do not include income replacement. The federal Family Medical Leave Act (FMLA) provides twelve weeks of unpaid time off.

Get short-term disability approved during pregnancy by buying coverage before conception. You can receive benefits in three everyday situations.

  1. Leave before birth due to complications
  2. Recovery from labor and delivery
  3. Postpartum medical complications

You are ineligible for pregnancy-related benefits if you did not purchase coverage before conception. Private insurance companies typically deny benefits for pre-existing health conditions during the first twelve months the policy is active.

Eligibility Requirements

Louisiana does not offer short-term disability for non-work incidents. So, you must buy a private insurance policy before getting sick or hurt.

Insurance companies have different rules for pre-existing conditions. But expect possible denials at two points:

  1. New policy application: You must prove good health to qualify. Expect detailed questions about your medical history.
  2. Benefit application: Most insurers will deny claims for pre-existing conditions in the first year.

Social Security Disability

The federal government funds Social Security Disability Insurance (SSDI) through mandatory payroll taxes. Most workers in Louisiana automatically have this income protection.

SSDI covers temporary non-work accidents and illnesses lasting at least twelve months and permanent conditions until retirement age.

12-Month Duration

SSDI covers temporary disabilities in Louisiana and nationwide. Do not believe statements found elsewhere suggesting otherwise. Follow the facts and definitions instead.

  • The Oxford Language Dictionary defines temporary as “lasting for only a limited period of time; not permanent.”
  • The Social Security Administration states, “We pay monthly benefits to people who are unable to work for 12 consecutive months or more.”

A disability lasting twenty-four months fits the dictionary definition of temporary. It also meets the primary SSDI requirement of lasting more than twelve months.

SSDI Application

Apply for SSDI benefits if your temporary medical condition from a non-work accident or illness will last at least twelve months. Start the process early to avoid unnecessary delays.

Apply online for SSDI benefits from the comfort of your home.

  • Print and review the adult disability checklist.
  • Complete the disability benefit application.
  • Complete the medical release form.

The Social Security Administration will send your application and information to a local disability office. A claims examiner will decide if you meet the requirements.

AddressPhone
SUITE 500 400 POYDRAS STREET NEW ORLEANS, LA 701301-800-772-1213
1240 S POINTE PKWY SHREVEPORT, LA 711051-877-319-3074
5455 BANKERS AVE BATON ROUGE, LA 708081-866-613-3070

Worker’s Compensation Disability

Louisiana requires most employers to purchase Worker’s Compensation insurance for their employees. Most workers automatically have this protection for on-the-job disabilities, whether temporary or permanent.

WC Benefits

Workers’ Compensation benefits for occupational injuries and illnesses are extensive. Employers or their insurers are responsible for paying these income protections.

The Louisiana Workforce Commission (LWC) oversees the program.

  • Temporary Total Disability: An amount equal to sixty-six and two-thirds percent of the employee’s average weekly wage or the maximum. This benefit applies if the injury prevents the employee from working for over seven days.
  • Permanent Total Disability: The same amount, subject to a weekly maximum, is paid for the rest of the injured person’s life.
  • Supplemental Earnings Benefits: If the employee can work but cannot earn at least ninety percent of the pre-injury wage.

WC Application

Applying for Workers’ Compensation temporary disability in Louisiana involves several steps. Here is a short guide to help you through the process.

  1. Immediately report (within 30 days) your injury or illness to your employer.
  2. Get medical attention as soon as possible. Your employer may have a list of approved doctors you need to see for your initial visit.
  3. Once notified, your employer should file a First Report of Injury or Illness form (LWC-WC IA-1).
  4. If your employer does not file the claim, you can file a Disputed Claim for Compensation (Form LWC-WC-1008).
  5. You must provide medical documentation from your treating physician that supports your inability to work.
  6. When your doctor clears you to return to work, you must notify your employer and the LWC.
  7. Suppose your claim is denied or there are disputes about the benefits. In that case, you can request a hearing before a workers’ compensation judge. It’s advisable to seek legal help if you reach this stage.